Question 1

The initial cases dealing with the duty of fair representation arose under the Railway Labor Act.

Accepted Answer

The duty of fair representation was first recognized in cases arising under the Railway Labor Act before being applied to cases under the National Labor Relations Act.

Question 2

Section 102 of the LMRDA allows any person whose rights under the act have been violated to bring a civil suit in the federal courts for such relief as may be appropriate.

Accepted Answer

Section 102 of the Labor-Management Reporting and Disclosure Act (LMRDA) indeed allows individuals whose rights under the act have been infringed upon to file a civil lawsuit in federal courts to seek appropriate remedies.

Question 3

In Steelworkers v. Rawson, the Supreme Court held that the allegations that the union had been negligent in its duty under the collective agreement to conduct safety inspections did not amount to a:

Accepted Answer

In Steelworkers v. Rawson, the Supreme Court ruled that allegations of negligence by the union in conducting safety inspections under the collective agreement did not constitute a breach of the duty of fair representation. This duty requires unions to serve the interests of all members without hostility or discrimination, to exercise discretion with honesty and good faith, and to avoid arbitrary conduct. The Court's decision indicates that failing to conduct safety inspections, as alleged, did not meet the threshold for violating this duty.

Question 4

Under Section 301 of the NLRA, an employee may recover punitive damages and may get an injunction.

Accepted Answer

Under Section 301 of the National Labor Relations Act (NLRA), an employee may not recover punitive damages; the remedies are typically limited to things like back pay and reinstatement, and while injunctions can be sought, they are not a remedy directly available to individual employees through this section.

Question 5

The Labor Management Reporting and Disclosure Act (LMRDA)sought to ensure that union members were guaranteed certain rights when subjected to internal union proceedings.

Accepted Answer

The LMRDA, also known as the Landrum-Griffin Act, was enacted in 1959 to protect union members' rights and ensure democratic practices within unions, including fair handling of internal union proceedings.

Question 6

If the employee's complaint involves action by both the employer and the union, Section 301 of the NLRA would be preferable.

Accepted Answer

Section 301 of the National Labor Relations Act (NLRA) allows employees to file lawsuits in federal court for violations of collective bargaining agreements, making it preferable for complaints involving both the employer and the union.

Question 7

The National Labor Relations Board has exclusive jurisdiction over claims of the breach of the duty of fair representation.

Accepted Answer

The National Labor Relations Board (NLRB) does not have exclusive jurisdiction over claims of the breach of the duty of fair representation. Such claims can also be brought in federal courts, as they involve unions' duty to represent their members fairly under the National Labor Relations Act.

Question 8

Executive Order 13201 requires the government employers to post notices in the workplace informing employees subject to a union security agreement that they have the right to refuse to pay a portion of their union dues.

Accepted Answer

Executive Order 13201, also known as the "Beck Notice," required federal contractors, not government employers, to post notices informing their employees of their rights under the Communications Workers of America v. Beck decision, which allows them to refuse to pay the portion of union dues used for political activities.

Question 9

The legal controls on unions are the result of actions by the courts, the National Labor  Relations Board (NLRB), and Congress.

Accepted Answer

The legal controls on unions in the United States have been shaped by a combination of court decisions, regulations and rulings by the National Labor Relations Board (NLRB), and laws passed by Congress, such as the National Labor Relations Act (NLRA).

Question 10

The provisions of the LMRDA require that union members must first strive for external action for violation of the rights granted by the LMRDA.

Accepted Answer

The LMRDA (Labor-Management Reporting and Disclosure Act of 1959) primarily focuses on internal union democracy and governance, requiring unions to handle complaints and violations internally through their own democratic processes before members seek external intervention.

Question 11

In Steele v. Louisville & Nashville R.R., the petitioner was an African American locomotive fireman and employee of railroad. The Brotherhood, purporting to act as representative of the entire craft of firemen, without informing the African American firemen or giving them opportunity to be heard, served a notice on the Railroad. The notice announced the Brotherhood's desire to amend the existing collective bargaining agreement that exclude all African American firemen from the service. In this case, the court held that non-union members have judicial remedies of:

Accepted Answer

The court held that non-union members, such as the African American firemen in this case, have the right to seek judicial remedies in the form of injunctions to prevent discriminatory practices that would harm their employment rights.

Question 12

The Landrum-Griffin Act of 1959 added the union member's bill of rights to the National Labor Relations Act.

Accepted Answer

The Landrum-Griffin Act of 1959 added the union member's bill of rights to the National Labor Relations Act, which protects the rights of union members.

Question 13

Janus v. AFSCME Council 31 overruled the Abood case.

Accepted Answer

Janus v. AFSCME Council 31 overruled Abood v. Detroit Board of Education, deciding that requiring public sector employees to pay union dues even if they are not members of the union violates the First Amendment.

Question 14

Where the employee has established a breach of the collective agreement by the employer and a breach of the duty of fair representation by the union, the employer and the union must share liability.

Accepted Answer

When an employee establishes both a breach of the collective agreement by the employer and a breach of the duty of fair representation by the union, both the employer and the union are typically found liable. This is because the employer has violated the terms of the collective agreement, and the union has failed in its duty to represent the employee's interests fairly and adequately.

Question 15

The duty of fair representation was developed by the courts because of the union's role as exclusive bargaining agent for the:

Accepted Answer

The duty of fair representation was developed by the courts to ensure that unions, as the exclusive bargaining agents for the bargaining unit (the employees they represent), act in a fair and non-discriminatory manner when representing their interests.

Question 16

Section 8(b) (1) (A)of the NLRA allows union actions that restrain, coerce, or interfere with employee rights under Section 7 of the NLRA.

Accepted Answer

Section 8(b)(1)(A) of the NLRA actually makes it an unfair labor practice for a labor organization or its agents to restrain or coerce employees in the exercise of the rights guaranteed in Section 7 of the NLRA, which includes the right to self-organization, to form, join, or assist labor organizations, to bargain collectively, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, as well as the right to refrain from any or all such activities.

Question 17

The duty of fair representation is a judicially created obligation on the part of the union to represent fairly all employees in the:

Accepted Answer

The duty of fair representation requires a union to represent all employees in the bargaining unit fairly, impartially, and without discrimination, especially in matters of collective bargaining, grievance processes, and contract enforcement.

Question 18

In Syres v. Oil Workers Local 23, the Supreme Court held that the duty of fair representation also extended to unions granted bargaining agent status under _____ of the National Labor Relation Act.

Accepted Answer

Section 9(a) of the National Labor Relations Act grants unions the status of exclusive bargaining representatives, and the Supreme Court in Syres v. Oil Workers Local 23 held that unions with this status have a duty of fair representation to all members of the bargaining unit.

Question 19

All officials handling union money must be bonded and persons convicted of certain criminal offenses are barred from holding union office for a year.

Accepted Answer

Persons convicted of certain criminal offenses are barred from holding union office for 13 years, not just one year, according to the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA).

Question 20

Every union member has the right to meet and assemble with other members and to express any views or opinions, subject to the union's reasonable rules for the conduct of meetings.

Accepted Answer

Union members have the right to meet and assemble freely with other members, express views, arguments, and opinions, subject to the union's establishment of reasonable rules regarding the conduct of meetings to ensure orderly discussions.

Quiz 18: The Rights of Union Members